How Does A Preexisting Condition Affect Your Personal Injury Case?
February 3rd, 2021 by Attorney John Colvin
In the current world, a lot of us are dealing with all sorts of minor and major conditions in our lives. So, how a preexisting condition affects your case in a personal injury claim? Because the defendant will want to avoid compensating you for damages, they will base their arguments on preexisting conditions. Luckily, the law allows you to receive payment for damages if you can prove the event made them worse than they previously were. Call or book an appointment today with a Tennessee Personal Injury Lawyer for the compensation you deserve. Here is what you need to know about pre existing medical conditions.
Is it wise to disclose prior injuries?
Most people are scared to reveal pre existing injuries because there are rumors that they can deny you compensation. However, it is essential that you disclose everything to your attorney about your health condition before the occurrence of the specific event. Otherwise, you risk forfeiting your chances of fair or favorable compensation. If you are honest, a doctor can assess your condition after an injury to see how the event has aggravated your condition. Many cases have been dismissed when the plaintiff’s attorney builds up a case without disclosing past injuries, and the defense comes up with information about the plaintiff’s history.
The Eggshell Skull rule
Although the defense may argue that a preexisting condition makes you more vulnerable to new injuries, the law prohibits them from using the information to escape liability. Therefore, you are still entitled to compensation provided you prove to the court that they were made worse by the occurrence of an injury. Insurers have a behavior of blaming everything on past injuries to reduce compensation.
Presenting medical records
Every case is different, and the impact of an event cannot be the same as another claim. Therefore, it is essential that you work with a doctor and a lawyer to provide sufficient documentation that supports your case. The attorney will discuss these documentations with a medical witness to show the judges and juries that you suffered additional injuries due to another party’s negligence. You are at risk of possible court sanctions if you omit any information regarding your past condition when presenting your case.
How you can protect your right in an injury claim
It is your right to be compensated for injuries that cause bodily harm resulting from other people’s negligence. You can protect this right by using a lawyer to help you prove negligence in court. Once you have established a relationship between a current injury and a previous medical issue, it is hard not to receive fair compensation. According to experts, here is what you should look for in a personal injury lawyer:
- Fees: They should only charge you after winning the case.
- Experience: It is important that you hire an attorney who has represented other clients in your position. The success rate is also important.
- Devotion: You want a lawyer who will spend enough time on your case.
Seek the representation of a Tennessee Personal Injury Lawyer today by calling 877-359-7916 or booking an online free consultation. Attorney John Colvin has had over twenty years’ experience with a high success rate in personal injury claims. Remember, your preexisting condition will not affect compensation if properly disclosed.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advise for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.